- Accounting and Responsibility
- Adjustment to Department Records
- Annual Physical Inventory
- Change in Deparment Head
- Definitions
- Donated Equipment
- Missing and Stolen Property
- Notice of Public Sale
- On-Line Property
- Removal of Equipment from Campus
- Removal of Equipment from Deparment Records
- Surplus ListServ
- Surplus Property
Missing and Stolen Property and Negligence
Missing PropertyWhen a department becomes aware that a piece of equipment is not in its accustomed place, a diligent search shall be carried out in a timely manner to locate the item or establish that it is missing. When it has been definitely determined that the equipment is missing with no evidence of theft, a Missing or Stolen Property Report must be completed in detail and signed by the department head within 24 hours. Failure to report missing property in a timely manner or to complete and return the Missing or Stolen Property Report within 24 hours maybe construed as negligence. The department head shall make an initial determination of whether negligence was involved in the loss of the equipment.
The Property Manager will investigate, including requiring completion of a Follow-Up Investigation questionnaire, the circumstances surrounding all property reported missing and make a further determination of negligence. The department head will be notified if the Property Manager’s determination is different. All missing property for which negligence is determined must be reported to the Attorney General’s Office, SFA Audit Services, Director of Purchasing and Vice President for Business Affairs. The Attorney General’s Office will investigate and make a final determination of negligence. If the final determination is negligence, the Attorney General’s Office will make a written demand for reimbursement from the person(s) responsible for the loss.
Property reported missing without negligence will remain on a department’s property records for a period of two (2) years. During this period a diligent search must be made to find the equipment. Property reported missing with negligence will be deleted immediately.
Any appropriations withheld from the University due to missing property based on the Appropriations Bill, section 9.03, will be deducted from the budget of the department responsible for the equipment.
Stolen Property
It is the responsibility of the department head to report immediately any University equipment that is stolen. The University police as well as the Property Manager must be notified immediately. A police report and a Missing or Stolen Property Report must be completed and filed within 24 hours of the initial notice. The department head shall make an initial determination of whether negligence was involved in the loss of the equipment. Failure to notify the proper authorities immediately or to submit paperwork within 24 hours may be construed as negligence.
The Property Manager will investigate the circumstances surrounding all property reported stolen and make a further determination of negligence. The department head will be notified if the Property Manager’s determination is different. If negligence is determined, the Attorney General’s office, SFA Audit Services, Director of Purchasing and Vice President for Business Affairs will be notified. The Attorney General’s Office will investigate and make a final determination of negligence. If the final determination is negligence, the Attorney General’s Office will make a written demand for reimbursement from the person(s) responsible for the loss.
Regarding the determination of negligence for missing or stolen property, please note that liability may apply to more than one person given the circumstances of each instance of loss. A person is pecuniarily liable for the loss of equipment in the following instances:
- agency property disappears, as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care for its safekeeping;
- agency property deteriorates as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care to maintain and service the property; or
- agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee.
If in review of the facts of the case, a determination is made that an injury has been sustained (negligence) by the State through the fault of a state official or employee, the State Attorney General will make a written demand upon such state official or employee for reimbursement to the State for the loss so sustained.